Issue 43
This issue explores the new ICC Arbitration Rules, challenges in disputes involving Russian entities, the FIDIC Gold Book, third-party funded arbitration and recent guidance on referring disputes to ad hoc DABs under FIDIC contracts.
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Ted Lowery considers a recent TCC decision which examined whether liabilities under a Pre-Construction Services Agreement survived the execution of a subsequent JCT contract. The decision is a reminder that where PCSAs are not seamlessly superseded, rights and liabilities may continue beyond the transition to the substantive contract.
Fenwick Elliott Partner Ben Smith was joined by Mathias Cheung of Atkin Chambers for a practical case law update which examined what recent decisions mean for parties drafting and administering construction contracts.